The Delhi high court set aside an interim injunction order imposed against biscuit maker Britannia passed by a single judge, thereby allowing it to manufacture and sell its digestive biscuit Nutri Choice Zero. Britannia was involved in a copyright infringement litigation\ related to the packaging of the biscuit with foods to hotels conglomerate ITC which sells one of its own brands with same packet color.
Britannia was involved in a copyright infringement litigation related to the packaging of the biscuit with foods to hotels conglomerate ITC which sells one of its own brands with same packet color.
“We are of the view that ITC was not entitled to an interim injunction and, therefore, the impugned order is set aside. There shall be no order as to costs,” the judgement, passed by two judges, said on Friday.
ITC, which got a favourable ruling from the same court in September, had claimed earlier that Britannia’s biscuit copied its packaging of Sunfeast Farmlite Digestive All Good biscuit, which was launched in February. Both are sold in a shade of blue and yellow packaging and the company said when placed next to each other, they are indistinguishable to the “unwary customer” which can lead to financial damages.
The judges, who presided over the case, however said in order to establish its alleged exclusive right over the get-up (the yellow-blue combination), ITC would have to prove, even prima facie, that such getup has become distinctive of ITC’s farmlite biscuits to the exclusion of biscuits of anyone else.